Today in Supreme Court History: September 24, 1755

9/24/1755: Chief Justice John Marshall's birthday.

Chief Justice John Marshall

Comments

[Dan Schiavetta]

Twentieth Century Airlines v. Ryan, 74 S.Ct. 8 (decided September 24, 1953): Reed refuses to stay administrative proceedings against “irregular” air carriers who had been ordered to stop mergers and refinancings because they were done without Civil Aeronautics Board approval; no irreparable injury shown and administrative proceedings afforded them adequate due process

Philip Morris USA, Inc. v. Scott, 561 U.S. 1301 (decided September 24, 2010): Scalia stays enforcement of class action judgment against tobacco companies for giving false information about addictive properties of nicotine (judgment also required companies to fund smoking cessation programs); defendants have possible due process defense in that Louisiana court held that each plaintiff did not have to prove individualized fraud for damages (as opposed to access to antismoking programs); cert was ultimately denied, 564 U.S. 1037 (2011)

[JoeFromtheBronx]

President Washington signed the Judiciary Act into law on September 24, 1789.

https://avalon.law.yale.edu/18th_century/judiciary_act.asp

Section 25 assumes judicial review is a thing.

An order was dropped OTD in 2018 involving two related cases interpreting the Armed Career Criminal Act, which led to a lot of litigation. In part, counsel appointments were addressed.

Breyer quickly (12/10) wrote a unanimous opinion in U.S. v. Stitt.

[JoeFromtheBronx]

During Scalia's confirmation hearing, he smoked a pipe.

Brian Lamb referenced it in an interview for "Making Your Case." Scalia said that he no longer smoked a pipe, noting they were too much trouble, and he kept on losing them.

https://www.c-span.org/video/?c4558563/user-clip-scalias-pipe

[Dan Schiavetta]

Scalia never did anything that required him to move outside his comfort zone. To the end of his life he smoked, didn’t exercise, ate fatty foods. Some called him individualistic — my word for it was “lazy”.

[The Margrave of Azilia]

Happy 269th birthday, Chief Justice Marshall!